| People v Brown |
| 2016 NY Slip Op 02737 [138 AD3d 491] |
| April 12, 2016 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Marvin Brown, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson, Jr.of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Courtney M. Wen of counsel), forrespondent.
Judgment, Supreme Court, New York County (Budd G. Goodman, J., at dismissalmotion; Harold Rothwax, J., at jury trial and sentencing), rendered November 15, 1995,convicting defendant of absconding from temporary release in the first degree, andsentencing him, as a second felony offender, to a term of 2 to 4 years, unanimouslyaffirmed.
The verdict was not against the weight of the evidence (see People v Danielson, 9NY3d 342, 348-349 [2007]). The circumstances surrounding defendant's failure tocomply with the reporting requirement of his work release program support the inferencethat defendant acted intentionally.
The motion court, after considering the Taranovich factors (People vTaranovich, 37 NY2d 442 [1975]), properly determined that although the 26-monthprearrest delay was lengthy, and although defendant could have been charged sooner, thedelay was not intended to obtain a tactical advantage relating to the absconding charge,but was the result of a determination, made in good faith, that a continuing homicideinvestigation required deferral of the absconding prosecution (see People vSinger, 44 NY2d 241, 254 [1978]). Defendant did not experience any period ofpretrial incarceration due to the absconding charge, and he was not prejudiced by thedelay (see People v Decker,13 NY3d 12 [2009]). Concur—Friedman, J.P., Sweeny, Saxe, Richter andKahn, JJ.